42-205 DETERMINING OWNERSHIP OF REAL AND PERSONAL PROPERTY

.1 Declaration of Property Ownership

The applicant's declaration of the property he and/or his spouse own is considered sufficient proof of property ownership unless there is information indicating probable ownership of property other than that declared. In the presence of such information, the facts as to ownership must be determined from appropriate records, such as recorder's records, bank deposits and withdrawals and/or through affidavits of the applicant or recipient and other individuals concerned.

.2 Title Shared with Others

There is a presumption that those who share title have equal rights to possession, control and use of the property but the presumption may be refuted by evidence to the contrary. The source and amount of funds invested in the property or the facts around the inheritance, if it was acquired in this way, must be determined in order to arrive at the share which the applicant or recipient and/or his spouse actually owns.

.3 Community Property

Each spouse is presumed to own a one-half interest in community property, regardless of which spouse holds the property. All property held in the name of the spouse of a married person is presumed to be community property unless evidence establishes it to be separate property. Exception: Burial trusts and interment plots are considered the separate property of the spouse who is to be the beneficiary or user.

.4 Child Lives with Mother and Stepfather

When a child lives with his mother and stepfather, each spouse is presumed to own a one-half interest in property held by either spouse, unless this presumption is refuted by evidence which established it to be the separate property of one spouse.

.5 Sponsored Noncitizens

For purposes of this section, "sponsored noncitizen" applies to noncitizen who are sponsored by an individual(s) (see Section 43-119.2).

.51 The resources of the noncitizen's sponsor and the resources of the sponsor's spouse who lives with the sponsor as provided in Section 43-119.22, shall be deemed to be the sponsored noncitizen's resources.

NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY

.52 Determine the total value of real and personal property of the sponsor and the sponsor's spouse as if they were applying for aid (for real property, see Section 42-215.1; for personal property and vehicles, see Food Stamp regulations at Manual of Policies and Procedures Section 63-501.5);

.53 If a person is the sponsor of more than one noncitizen, divide the amount determined in Section 42-205.52 above by the number of sponsored noncitzens receiving CalWORKs cash aid, including the number of sponsored noncitiziens in the applicant's AU. This amount shall be deemed to be the resources of each applicant or recipient who is a sponsored noncitizen. If the deemed resources alone or in combination with other property of the AU exceed the property limits described in Section 42-207, ineligibility results, but only for the sponsored noncitizen(s).

.54 These resources shall not be considered as the resources of other applicants or recipients in the family who are not sponsored noncitizens, unless such resources are actually available to these other persons, e.g., the sponsor establishes a trust fund that is available to meet the current needs of the family.

.6 Repealed by Manual Letter No. EAS-98-03, effective 7/1/98.

NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code. Reference: Sections 10553, 10554, 11008.135, 11155, 11155.1, 11155.2, and 11257, Welfare and Institutions Code; and 8 U.S.C. 1631(a).

NONLINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY